Terms of reference
Participants
Submissions
List of issues

1. INTRODUCTION
OVERVIEW
BACKGROUND
PURPOSE OF THE PAPER
STRUCTURE OF THE PAPER

2. EXISTING LEGISLATIVE RESTRICTIONS
NEW SOUTH WALES
General limitation on questioning
Exclusion of evidence relating to sexual experience
Child witnesses
Witnesses with an intellectual disability
Charter of Victims Rights
Use of alternative arrangements
OTHER JURISDICTIONS
Commonwealth
Queensland
Northern Territory
Western Australia
South Australia
OVERSEAS DEVELOPMENTS
United Kingdom
New Zealand
Canada

3. FUTURE DIRECTIONS
IMPLICATIONS FOR THE ACCUSED
Right to answer the charge
Right to legal counsel
Right to represent oneself
Difficulty faced by the unrepresented accused
Impact on the quality of evidence
Problems with a neutral intermediary
The role of the judge
Effect on the jury
Arbitrary criteria for class of witnesses protected
Inappropriate analogy with child witnesses
IMPLICATIONS FOR THE WITNESS
Barriers to giving evidence overcome
Distress minimised
Double victimisation avoided
Victims encouraged to report and proceed with the matter
Special nature of sexual assault trials recognised
Loss of ability to answer accused’s questions in court
EXTENT OF THE RESTRICTION
IMPLICATIONS FOR COURT-APPOINTED LEGAL REPRESENTATIVES
PRACTICAL CONSIDERATIONS

4. ISSUES ARISING FROM THIS PAPER
NATURE OF ANY LIMITATION
SCOPE
PROCEDURE
AVAILABILITY OF ALTERNATIVE ARRANGEMENTS